Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1887-07-01
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PORT TOBACCO:

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PORT TOBACCO:
Friday Morning...........".......July ]. 1887.
The Opposition to New Constitution.
If the question were not such serious
one, it would be amusing to note the in
genious speciousness and astuts subtlety
of the arguments which are resorted to by
the parties whose pecuniary and other in
terests lead them to oppose the adoption
of new constitution. The intimate as
ISOLATION and apparent community OF in
terest and purpose between the self con-
stituted reform crusades led by ex-Gov-
ernor Hamilton and Gen. johnson and the
B. 6 o. R. R. company, has been more
than once pointed out by the leading
press of the State. 1t is a commonly &C.
cepted fact among persons competent to
form opinions on the question, that the
immunity from q just share of the burden
of public taxes at present enjoyed by the
B. & O. company, along with other cor
porate interests in the State, resulting
from the uncertainty of tie present con-
stitution in defining the duties of the Lee
gislature in that regard, is among the
gravest evils which demand a new con-
stitution for their correction.
In view of these facts, the arguments
now put forward from that quarter in op-
position to constitutional convention
must be scanned closely aud taken with a
considerable grain of allowance. They
are now alleging that the Legislature is
already invested with full powers in the
matter of taxation, IN the face of the fact
that the Legislature has heretofore failed
entirely to deal adequately with the ques-
tion, and that this inaction on the part OF
the law making branch of the government
has been shown to be due to alleged
doubts in regard to its constitutional
power and duty in the matter. The nee
essity of a specific constitutional defini-
ton of the powers and duties of the Lee
gislature in the matter of taxation is well
demonstrated in the last report of the
State Tax Commissioner, heretofore ex-
tensively quoted BY the TINES.
But the main argument resorted to-
the chief subtifuge to which they resort in
lodging the real issue-is the judiciary
the pure Judiciary Of Baltimore city. 1t is
claimed that the effect of q new constitu-
ton would be to unseat the present judges
on the Baltimore city bench, and probably
ill their places with men who might not
deal 30 effectively with fraudulent cleo
tion cases. And for this reason, it is urged
that radically defective judiciary system,
which has been repealed in every State in
which it has ever been in operation and is
generally recognized as essentially wrong
and obstructive of q smooth administra-
tion of justice by the intelligent public
opinion throughout the State. should be
indefinitely continued, rather than run
the risk Of snseating the Baltimore city
judiciary.
Now the issincerity of this contention
seems obvious. Evidently the election
Judge trials in Baltimore city are being
played out for stronger trumps than they
really are. Not content with holding
hack the evidAn1e against these criminals
and springing the prosecutions at time
when it would aid faction fight in the
city; this matter is also invoked to de-
prive the people Of the State Of new con-
stitution and continue the immunities of
the present privileged classes. the corpor-
Gtions. But it is evident that this pack
mule Of the reformers has been ssddled
with more burden than it can bear, and is
breaking down under the excessive load
indiscreetly put upon it.. The calm judg-
ing people of the State will not be de-
ceived by such pretenses.
In the first place, the instrumentality of
the city judiciary in efectiug the convic-
tion Of these criminals 10 entirely over
rated. Every one knows that unde. the
law of Maryland the power and influence
of the judge in criminal jury trials is lin
tied. 1t is the jury and the sense OF the
community from which it is taken, aided
by vigorous prosecution, that convicts
criminals in such trials. In the second
place, there are no facts existing to justify
the conclusion that, if new election of
the Baltimore city judiciary were to take
place tomorrow, that the character of the
bench would be impaired thereby, or a
different or inferior class of men chosen.
On the other hand al the indications
point to the fact that the personnel of the
bench would not be materially changed /;
or at any rate that the same character of
men would be chosen.
These clever arguments cannot, there
fore, be regarded as sincere; but must be
looked upon rather as the subterfuges Of
politicians and interested capitalists. Ia
spite of all this ingenious opposition,t there
is little doubt that the people will deter
mine this fall to have a new constitution
for the correction of the grave existing